Legal Question in Employment Law in California
Workplace Violence
I was the victim of an assault (physically threatening behavior) while at work at a UC Medical Center. I have since learned that the co-worker who assaulted me has a long history of verbal outbursts, threatening behavior, etc, all documented in personnel file. Most all are against women. Management is attempting to ''blame'' me for this incident. Union rules dictate you can't go back more than 2 years in file. I filed a AB508. It has been over a month. Med Center is still ''investigating'' I have no hope that they will protect me or others given their inability to take action over the years. Do I have legal recourse? There is a long-standing pattern of this man's (and others) hostile, threatening behavior against women.
2 Answers from Attorneys
Re: Workplace Violence
You may have an action against the individual and your employer. Your employer has a duty to provide a safe workplace and to take appropriate measures to protect you from violent acts. You may also be able to obtain a restraining order against the employee. If the violent conduct can be shown to be a form of sexual harassment, you may have a claim under the Fair Employment and Housing Act. You should seek the advice of an attorney who can more adequately evaluate your situation with knowledge of all the facts.
Re: Workplace Violence
In addition to a civil action for assault and negligent hiring, training and maintenance of employment, you may also have a worker's compensation claim agianst your employer. You may contact me directly at (619) 222-3504.
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